Chapter 16.56
LEGAL PROVISIONS
Sections:
16.56.010 Violation – Penalty.
16.56.020 Violations as a public nuisance.
16.56.030 Conflict or constitutionality.
16.56.040 Violations as a misdemeanor offense.
16.56.050 Grounds to deny development for five years.
16.56.060 Waiver of penalty.
16.56.070 Enforcement provisions.
16.56.080 Arrest and citation.
16.56.090 Notice of violation.
16.56.010 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this division shall be deemed guilty of a misdemeanor.
Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this division is permitted, continued or committed by such person, firm or corporation and shall be punishable therefor as provided in this code. (Ord. 345, 1991)
16.56.020 Violations as a public nuisance.
Notwithstanding the provisions of the above section, any grading done contrary to the provisions of this division is also a public nuisance. Upon order of the City Council, the City Attorney is authorized to commence necessary proceedings provided by local or State law to abate, remove and/or enjoin such public nuisance. Any grading done without the grader’s first having obtained a grading permit therefor, regardless of whether such failure is due to neglect or refusal, shall be prima facie evidence that a public nuisance has been committed. To implement this section, the City Attorney may proceed as a civil or criminal remedy. The civil remedy may be before a court within the local jurisdiction or may be an adjudicatory hearing before the City Council. (Ord. 345, 1991)
16.56.030 Conflict or constitutionality.
Where this division is in conflict with any existing ordinance of the City, the more restrictive ordinance shall govern. If any section, subsection, clause, or phrase of this division is for any reason held to be unconstitutional, such decision shall not affect the validity of any remaining portions of this division. It is the intent and policy of the City Council that each section of this division is to be considered and adopted separately from each and every other section of this division notwithstanding a single vote being made on the entire ordinance codified in this division. Each section in this division is deemed a separate and separable part of the whole. (Ord. 345, 1991)
16.56.040 Violations as a misdemeanor offense.
Any grading or clearing which is done in violation of the Poway Municipal Code grading regulations, or failure to provide erosion control measures and devices, shall be a misdemeanor punishable by a $1,000 fine and/or imprisonment for a period not to exceed six months in the County Jail. Each day or any portion of a day that any person violates or continues to violate the City’s grading regulations will constitute a separate offense and may be charged and punished separately without awaiting conviction on any prior offense. The permittee shall be responsible for all fines assessed by outside agencies. (Ord. 553, 2002; Ord. 345, 1991)
16.56.050 Grounds to deny development for five years.
Any grading or clearing which, according to a field inspection of the property was done in violation of the City’s grading and clearing regulations, shall be grounds for denying, for five years, all applications for grading permits, building permits, administrative permits, site plans, use permits, major and minor subdivision, rezones, specific plans, specific plan amendments, and general plan amendments proposed for the property on which the violation occurred. The five-year period shall commence from the date of the violation, if documented, or from the date of discovery of the violation. (Ord. 345, 1991)
16.56.060 Waiver of penalty.
Upon evidence that mitigation measures have been taken to rehabilitate the site, or that other appropriate measures have been taken to mitigate the adverse effects of the illegal grading or clearing, the City Council may waive the penalty imposed by the above section. (Ord. 345, 1991)
16.56.070 Enforcement provisions.
The Director of Development Services, each agent or deputy thereof who is assigned to duties which include the enforcement of this division, and any peace officer are responsible for enforcing the provisions of this division. (Ord. 518, 1999; Ord. 345, 1991)
16.56.080 Arrest and citation.
The Director of Development Services, each agent or deputy thereof who is assigned to duties which include the enforcement of this division, and any peace officer shall have the power to make arrests for violations of those provisions of this division and State law which he has a duty to enforce and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Chapter 5C (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code. (Ord. 518, 1999; Ord. 345, 1991)
16.56.090 Notice of violation.
The City Council may, at its sole discretion, in addition or in place of civil and criminal penalties, cause to be recorded with the County Recorder a notice of violation in a form acceptable to the City Attorney. This notice of violation shall provide for denial of any application for discretionary approval by the City until the original violation has been corrected in accordance with City regulations in effect at the time of correction. Any correction shall be done under the authority of a valid grading permit issued in accordance with this chapter. A notice of violation shall be expunged only after completion of all work necessary to correct the original and all subsequent violations of this chapter. (Ord. 345, 1991)